Howerton

Howerton v. Cal. Dept. of Social Services CA4/1

Good Law
Court of Appeal of CaliforniaMarch 7, 2022D078322California903 words

Opinion

Opinion

Huffman, J.

DISCUSSION

At the outset, we observe that Howerton’s status as a pro. per. litigant does not exempt him from the rules of appellate procedure or relieve his burden on appeal. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1247 (Nwosu).) We treat pro. per. litigants like any other party, affording them “ ‘the same, but no greater consideration than other litigants and attorney.’ ” (Ibid.) A judgment is presumed correct on appeal, and it is the appellant’s burden, whether proceeding in pro. per. or represented by counsel to “affirmatively demonstrate prejudicial error.” (People v. Garza (2005) 35 Cal.4th 866, 881 (Garza).) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson); see In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“We are not bound to develop appellants’ arguments for them. [Citation.] The absence of cogent legal argument or citation to authority allows this court to treat…

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